A v. B [1906] ScotLR 43_731 (27 June 1906)

A v. B [1906] ScotLR 43_731 (27 June 1906)

Expenses incurred by a wife in a petition for custody of children are not 'necessary' expenses for which the husband is bound to pay; therefore, only ordinary expenses are awarded.

Citation
[1906] ScotLR 43_731
Parties
Petitioner: A; Respondent: B
Jurisdiction
Scotland
Judgment Date
27 June 1906
Procedural Posture
Petition for Custody of Children / Post Consent, Determination of Expenses
Outcome
Petitioner's motion for agent and client expenses refused; awarded expenses in ordinary form.
Legal Topics
Custody of Children, Award of Expenses, Agent and Client Expenses, Party and Party Expenses
Family Law Civil Procedure Custody of Children Award of Expenses Agent and Client Expenses Party and Party Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A

Petitioner

B

Respondent

Procedural Posture

Petition for Custody of Children / Post Consent, Determination of Expenses

Legal Issues

  1. 1 Whether a wife is entitled to expenses as between agent and client or only as between party and party in a successful petition for custody of children.

Ratio Decidendi

Expenses incurred by a wife in a petition for custody of children are not 'necessary' expenses for which the husband is bound to pay; therefore, only ordinary expenses are awarded.

Court Disposition

Petitioner's motion for agent and client expenses refused; awarded expenses in ordinary form.

Orders

  • Petitioner awarded expenses in ordinary form.